DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Logistics Pty Ltd
(AG2019/4074)

LINX LOGISTICS GRAIN HANDLING ENTERPRISE AGREEMENT

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 NOVEMBER 2019

Application for approval of the LINX Logistics Grain Handling Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the LINX Logistics Grain Handling Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 November 2019. The nominal expiry date of the Agreement is 18 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linx Logistics Pty Ltd sought approval of the LINX Logistics Grain Handling Enterprise Agreement 2019 in the Fair Work Commission. The dispute centred on whether the agreement met the necessary standards under the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009. The applicant argued that the agreement was fair and appropriate for the workforce, while the objectors raised concerns about the terms and conditions set out within the agreement.

The primary legal issues before the court were whether the agreement provided for the minimum entitlements required by law, whether it was procedurally fair and properly negotiated, and whether it complied with the statutory provisions governing enterprise agreements. The court examined the negotiation process, the provisions of the agreement, and the impact on the employees.

The Fair Work Commission found that the agreement met the legal requirements under the Fair Work Act. The commission noted that the agreement provided for minimum wage rates and conditions, and it was procedurally fair. The negotiation process was deemed to be appropriate, and the agreement was found to comply with all statutory requirements. As a result, the commission approved the agreement, finding it to be in the best interests of the employees.

The final orders of the commission included the approval of the LINX Logistics Grain Handling Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered by the Fair Work Commission, and the parties were directed to provide the necessary documentation to the commission within the specified timeframe.

Linx Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established